Wednesday, April 15, 2009

Legal question: Who is liable for an employee being verbally threatened at workplace?

my son(teen) was verbally assualted and threatened with bodily injury at an Academy store that he works at. This escalated while other employees/ mgr standing by. Can this customer be sued to teach him a lesson not to treat people this way. This was all over a shoe not being in stock. The man thought my son just didn%26#039;t want to get it down. How responsible is academy for the safety of it%26#039;s employees?

Legal question: Who is liable for an employee being verbally threatened at workplace?
Customer can be charged with assault. The employer can be held liable for doing nothing about this...most Equity Laws cover this.
Reply:You really should seek legal advice from a lawyer. What we tell you here may not be accurate. I reckon the Worker%26#039;s Union may be able to advice you too.
Reply:Well a lot of retail stores operate under the customer is always right theory and don%26#039;t like to upset customers no matter how offensive they are. They also have the responsibility of protecting your son from physical abuse.





I don%26#039;t think you can sue the customer for being verbally abusive, but I would have filed a police report. I am sure the store doesn%26#039;t want you to go this route, but I would get it documented. No one gets paid enough to put up with that kind of abuse.





I think if the customer had to explain to the cops why he acted like an idiot because a shoe was out of stock I am sure he would feel like one also.





I am glad your son wasn%26#039;t hurt, but let him know that he is not responsible for the actions of others, he is only responsible for how he reacts to them.
Reply:Well, I am only a kid (teen), but I believe, since the employees/mgr were right there and he was at his job, both parties would be responsible, but the academy would not be as responsible as the idiotic, jerky, loser person do to Workers Compensation. The Workers Union might help.





Hope this helps!
Reply:I think the manager should have stepped in before things got out of hand.


If the manager left your son defenseless, you need to report his %26quot;inaction%26quot; to his superior, and then your son needs to find another job.


If management isn%26#039;t tough enough to support his employees, he%26#039;s not worth working for.


Things like this happen every day in the retail world.


I wouldn%26#039;t really worry about it.....over a stupid pair of shoes?


Nobody%26#039;s going to hurt your son because of a pair of shoes.





His manager sure sucks, though.
Reply:That is assault and the charges can be brought against the customer. If your son were physically assauted (battery) he would be covered under workers compensation.





The customer sounds like a real jerk and I hope the employer took steps to protect your son.
Reply:assult can be brought agaist the customer for threthen your son and the emplyer for doing nothing
Reply:The employer can be sued, as well as the person who is threatening your son. Also, you can call the labor relations board if this keeps up. They are in the phone book.
Reply:You cannot win that lawsuit. You must show harm for a law suit to valid.


Academy is not responsible for what a customer says.



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